Chapter 12.20
CURBS AND SIDEWALKS
Sections:
12.20.020 Curbs and sidewalks required.
12.20.030 Limitations of abutting property owner – Charges to property.
12.20.090 Failure to install required curbs and/or sidewalks.
12.20.100 Damage of existing sidewalks.
12.20.110 Repair of existing sidewalks.
12.20.120 Limitations of abutting property owner – Charges to owner.
12.20.150 Standards for construction.
12.20.180 Reconstruction of sidewalks/curbing violating this chapter.
12.20.190 Maintenance of existing sidewalks.
12.20.200 Liability for sidewalk injuries.
12.20.010 Definitions.
For the purposes of this chapter, all property having a frontage on the side of any street shall be deemed abutting property. This chapter shall be applicable to all curbs, gutters, sidewalks, storm drainage, and paving within public rights-of-way and public ingress and egress easements. (Ord. 1298 NS § 1, 2003).
12.20.020 Curbs and sidewalks required.
Property owners except for single-family residences shall be required to construct, replace, or repair curbs and/or sidewalks and pave, as required in CMC 12.20.040, at the owner’s expense whenever the following activities are initiated:
A. New Construction. New construction of a principal structure or another principal structure on the property.
B. Remodeling Structures. Any addition or alteration made within a 12-month period, which together meets or exceeds $10,000 in value. Herein, the property owner is required to construct, replace, or repair curbs, sidewalks, storm drainage, and/or pave up to an amount where the total cost of curbs, sidewalks, storm drainage, or paving to be constructed is 20 percent or less of the remodeling costs.
C. Changes in Occupancy. When a change in the occupancy of an existing structure on a property occurs which does not require curbs, sidewalks, storm drainage, and/or paving under subsection B of this section, the property owner is required to construct, replace, or repair curbs, sidewalks, storm drainage, and/or pave up to an amount not more than $5,000. Should the improvements be constructed to the conditions as required in CMC 12.20.060 before the $5,000 amount is expended, then the requirement of this section is fulfilled. A change in occupancy shall be as defined in the city of Colville building code. (Ord. 1298 NS § 2(A), 2003).
12.20.030 Limitations of abutting property owner – Charges to property.
A property owner shall not be charged with any costs of construction or reconstruction under this chapter in excess of 50 percent of the valuation of such abutting property, exclusive of improvements thereon, according to the valuation last placed upon it for purposes of general taxation.
An abutting property shall not be charged with any costs of reconstruction under this chapter if the reconstruction is required to correct deterioration of or damage to the sidewalk that is the direct result of actions by the city or its agents or to correct deterioration of or damage to the sidewalk that is the direct result of the failure of the city to enforce its ordinances. (Ord. 1298 NS § 2(B), 2003).
12.20.040 Paving.
Concurrent with curb/sidewalk improvements, the property owner shall pave that part of the street adjacent to his property to the curb/sidewalk when the abutting street is partially paved, and the margin between the existing pavement edge and the curb/sidewalk is unpaved.
Specifications for paving required in this chapter shall be eight inches of compacted crushed surfacing base course on a compacted subgrade with a layer of nonwoven geotextile fabric and two inches of Class B asphalt concrete, all in accordance with Washington State Department of Transportation Standard Specifications, latest edition in effect at the time of construction. (Ord. 1298 NS § 2(C), 2003).
12.20.050 Storm drainage.
Concurrent with curb or gutter improvements, the property owner shall provide for the conveyance of street storm water runoff from the constructed curb or gutter to the nearest existing storm drain system or naturally occurring stream or channel when the existing storm drain system or naturally occurring stream or channel is within 50 feet of the low point of the curb or gutter constructed. (Ord. 1298 NS § 2(D), 2003).
12.20.060 Location.
Curbs, sidewalks, and/or paving required under this section shall be constructed on all sides of the property, or part thereof, abutting on public streets or highways which are associated with the function or operation of the new, remodeled, or change of occupancy of the existing structure.
Sidewalks shall only be required on those streets identified as school walk routes, arterial and collector streets, and within the C-2 district as shown on the recommended pedestrian system map of the Colville comprehensive plan. (Ord. 1343 NS § 1, 2005; Ord. 1298 NS § 2(E), 2003).
12.20.070 Exception or delay.
An exception may be granted by the public works department or city designee if the public works department determines that such construction of curbs, gutters, sidewalks, storm drainage and/or paving is not feasible because the discharge of storm water runoff exceeds 50 feet (see CMC 12.20.050), insufficient right-of-way width, unique geographical or topographical constraints, or location of existing poles and utilities. In cases of insufficient right-of-way width, curbs only may be required.
The public works department or city designee may request that an applicant delay construction of curbs/gutters, sidewalks, and/or paving for a period not to exceed 18 months due to city public works development plans. (Ord. 1343 NS § 2, 2005; Ord. 1298 NS § 2(F), 2003).
12.20.080 Appeal of decision.
Appeals of the public works department’s decision shall be made directly to Colville city council. (Ord. 1343 NS § 3, 2005; Ord. 1298 NS § 2(G), 2003).
12.20.090 Failure to install required curbs and/or sidewalks.
A. In the event construction of a proposed curb, sidewalk, and/or paving is required in this section, unless an exception is granted by CMC 12.20.070, and an owner fails to have said curb, sidewalk, and/or paving constructed within 12 months from the date of notice given by the public works department or city designee, the public works department or city designee shall submit a report to Colville city council. If upon receipt of report the city council deems construction of the proposed curb, sidewalk, and/or paving necessary, it shall by resolution order the curb, sidewalk, and/or paving constructed and shall cause a written notice to be served upon the owner of the property abutting upon that portion of the street where the curb, sidewalk, and/or paving is to be constructed to construct the curb, sidewalk, and/or paving in accordance with the resolution.
B. If the notice to construct a curb, sidewalk, and/or paving is not complied with within the time specified, the public works department shall direct the construction of said curb, sidewalk, and/or paving and shall report to the city council at its next regular meeting or as soon thereafter as practical with an assessment roll showing each parcel of land abutting upon the curb, sidewalk, and/or paving, the name(s) of the owner, and apportion the cost of said improvement to be assessed against each parcel of such land.
C. The city council shall set a date for hearing any protests against the proposed assessment roll using its established public hearing notice process. At or following the hearing, the council by ordinance shall assess the cost of constructing the curb, sidewalk, and/or paving against the abutting property. The assessments shall become a lien upon the respective parcels of land and shall be collected in the manner provided by law for the collection of local improvement assessments and shall bear interest at the rate of six percent per year from the date of the approval of said assessment. (Ord. 1343 NS § 4, 2005; Ord. 1298 NS § 2(H), 2003).
12.20.100 Damage of existing sidewalks.
Whenever any person or persons within the city tears up, breaks, or removes a sidewalk, gutter, curb, or part thereof, except for the purpose of repairing or replacing the same, they shall replace or repair that part of the sidewalk, gutter, or curb as provided in CMC 12.20.110. (Ord. 1298 NS § 3(A), 2003).
12.20.110 Repair of existing sidewalks.
A. Whenever any street has been improved by the construction of a sidewalk, the duty, burden and expense of the repair and renewal of such sidewalk shall devolve upon the property directly abutting upon that side of such street along which such sidewalk has been constructed.
B. Whenever, in the judgment of the city council or the public works department or city designee, any public sidewalk has a defect or is in a defective condition, which makes or tends to make pedestrian travel either dangerous or impractical, the city council or public works department or city designee shall thereupon serve a notice on the owner of the property immediately abutting upon the portion of the sidewalk of the condition thereof, instructing the owner to repair or renew the portion of the sidewalk within a reasonable time as determined by the public works department or city designee.
A defect or defective condition of a sidewalk is defined as when it exhibits one or more of the following characteristics:
1. Any sidewalk section that has one or more significant cracks greater than one-half inch horizontally.
2. Any sidewalk section which has a crack and one of the pieces on either side of the crack has risen or fallen greater than one-half inch from any of the adjoining sidewalk sections.
3. Any section of sidewalk which has risen or fallen greater than one-half inch above or below an adjoining sidewalk section or curb.
4. Any section of sidewalk which has spider-webbed cracks such that the cracked pieces can be removed.
5. Holes or depressions greater than one-half inch.
6. Any sidewalk section with spalling of the section with one or more depressions greater than one-half inch.
7. A sidewalk with any part thereof missing to the full depth.
C. If the notice to repair or renew a sidewalk is not complied with within the time specified, the public works department or city designee shall submit a report to the city council. Upon receipt of the report, the city council shall by resolution order the sidewalk repaired or renewed and shall cause a written notice to be served upon the owner of property abutting upon that portion of the street where the sidewalk is to be repaired or renewed in accordance with the resolution.
D. If the notice to repair or renew a sidewalk is not complied with within the time specified, the public works department or city designee shall direct the improvement of said sidewalk and shall report to the city council at its next regular meeting or as soon thereafter as practicable with an assessment roll showing each parcel of land abutting upon the sidewalk, the name(s) of the owner, and apportion the cost of said improvement to be assessed against each parcel of such land.
E. The city council shall set a date for hearing any protests against the proposed assessment roll using its established public hearing notice process. At or following the hearing, the council by ordinance shall assess the cost of improving the sidewalk against the abutting property. The assessments shall become a lien upon the respective parcels of land and shall be collected in the manner provided by law for the collection of local improvement assessments and shall bear interest at the rate of six percent per year from the date of the approval of said assessment. (Ord. 1343 NS §§ 5, 6, 7, 2005; Ord. 1298 NS § 3(B), 2003).
12.20.120 Limitations of abutting property owner – Charges to owner.
A property owner shall not be charged any costs of construction or reconstruction under this chapter in excess of 50 percent of the valuation of such abutting property, exclusive of improvements thereon, according to the valuation last placed upon it for purposes of general taxation.
A property owner shall not be charged with any costs of reconstruction under this chapter if the reconstruction is required to correct deterioration of or damage to the sidewalk that is the direct result of actions by the city or its agents or to correct deterioration of or damage to the sidewalk that is the direct result of the failure of the city to enforce its ordinances. (Ord. 1298 NS § 3(C), 2003).
12.20.130 Permit.
Any person, firm, or corporation constructing curbs, sidewalks, and/or paving in a public right-of-way or public easement shall obtain a permit from the Colville public works department as set forth in Chapter 15.16 CMC. (Ord. 1298 NS § 4(A), 2003).
12.20.140 Approved grade.
Before the construction of any curb, gutter, or sidewalk in a public right-of-way or public easement, the owner or contractor must first obtain from the city engineer an approved grade. The owner or contractor shall than construct such curb, gutter, or sidewalk to conform to such grade as approved or set by the city engineer. (Ord. 1298 NS § 4(B), 2003).
12.20.150 Standards for construction.
All curbs, gutters, and sidewalks, including sidewalk ramps, constructed in a public right-of-way or in a public easement shall be cement concrete and shall conform to the Washington State Department of Transportation (WSDOT) Standard Specifications and Standard Plans for Road, Bridge, and Municipal Construction, 2002 Edition or as updated by the Washington State Department of Transportation except as revised or amended herein.
A. The concrete in the curbs and sidewalks shall be air entrained with an air content between six percent and seven and one-half percent. The concrete shall be Class 4000.
B. Cement concrete curb shall be one of the following types of curbs at the determination of the director of public works that best meets the interests of the city:
1. Integral cement concrete traffic curb and gutter (city preferred).
2. Cement concrete traffic curb. This curb may be constructed monolithic with the sidewalk.
3. Cement concrete rolled curb and gutter (special cases). The sidewalk adjacent to the rolled curb and gutter shall be a minimum of five inches in thickness.
C. The sub-base immediately below the curb and sidewalk shall be a minimum compacted depth of eight inches of crushed surfacing base course per WSDOT standards placed on a compacted subgrade and a layer of nonwoven geotextile fabric. (Ord. 1298 NS § 4(C), 2003).
12.20.160 Sidewalk widths.
A. Sidewalks in residential zones shall be a minimum of five feet in width.
B. Sidewalks in the C-2 (central business) district shall be a minimum of 10 feet in width.
C. Sidewalks in the C-3 (general commercial) district shall be a maximum of 10 feet and a minimum of five feet in width.
D. Sidewalks in industrial zones shall be a minimum of five feet in width.
Provided, however, the public works department or city designee shall be authorized where conditions warrant, to grant a decrease in the width of such curbs/sidewalks after examination of the premises and a determination that the best interest of the city will be served by decreasing the width thereof. (Ord. 1343 NS § 8, 2005; Ord. 1298 NS § 4(D), 2003).
12.20.170 Inspections.
Prior to the placement of the concrete, all curb and sidewalk forms shall be inspected by the public works department or city designee. Inspections shall consist of verifying conformance to the city standards referenced in this chapter. The public works department or city designee may issue a stop work order in writing served on any persons engaged in the doing or causing of any work that is being done contrary to the provisions of this chapter and any such persons shall forthwith stop such work until authorized by the public works department or city designee to proceed with the work. (Ord. 1343 NS § 9, 2005; Ord. 1298 NS § 4(E), 2003).
12.20.180 Reconstruction of sidewalks/curbing violating this chapter.
A. Any sidewalk and curbing constructed in violation of the provisions contained in this chapter shall be reconstructed so as to comply with the terms of this chapter within 60 days of the property owner receiving notice of the violation, and, if not so done within the period, the public works department or city designee shall submit a report to the city council. Upon receipt of the report, the city council shall by resolution order the curb and/or sidewalk reconstructed and shall cause a written notice to be served upon the owner of property abutting upon that portion of the street where the curb and/or sidewalk is to be reconstructed in accordance with the resolution.
B. If the notice to reconstruct the curb and/or sidewalk is not complied with within the time specified, the public works department shall direct the improvement of said sidewalk and shall report to the city council at its next regular meeting or as soon thereafter as practicable with an assessment roll showing each parcel of land abutting upon the sidewalk, the name(s) of the owner, and apportion the cost of said improvement to be assessed against each parcel of such land.
C. The city council shall set a date for hearing any protests against the proposed assessment roll using its established public hearing notice process. At or following the hearing, the council by ordinance shall assess the cost of improving the sidewalk against the abutting property. The assessments shall become a lien upon the respective parcels of land and shall be collected in the manner provided by law for the collection of local improvement assessments and shall bear interest at the rate of six percent per year from the date of the approval of said assessment. (Ord. 1343 NS § 10, 2005; Ord. 1298 NS § 4(F), 2003).
12.20.190 Maintenance of existing sidewalks.
The owner of real property abutting an existing sidewalk shall maintain the sidewalk in good repair and in a safe condition being free of defects, as defined in CMC 12.20.100 et seq., and obstructions or any other condition causing hazards which makes or tends to make pedestrian travel either dangerous or impractical. (Ord. 1298 NS § 5(A), 2003).
12.20.200 Liability for sidewalk injuries.
A. The owner of real property abutting an existing sidewalk may be liable to any person injured because of failure by the owner to maintain the sidewalk in good repair and safe condition.
B. If the city is required to pay damages for an injury to any person caused by the failure of an owner to maintain a sidewalk in good repair or safe condition, the owner may reimburse the city for the amount of the damages thus paid and for the attorney fees and costs of defending against the claim for damages. The city may maintain an action in a court of competent jurisdiction to enforce the provisions of the chapter. (Ord. 1298 NS § 5(B), 2003).